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Federal authority?

Discussion in 'Legal' started by Jim K, Jan 26, 2013.

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  1. Jim K

    Jim K Member

    Dec 31, 2002
    There are some tricky legal issues involved in President Obama's plan to ban some guns, ban transfers, ban magazines, etc. And they don't involve the Second Amendment. They involve the limits of federal power, something Mr. Obama apparently plans to ignore. We shall see what happens.

  2. JDBoardman

    JDBoardman Member

    Aug 12, 2008
    Dallas-Ft Worth Metroplex
    One significant problem with the Federal government banning transfers, requiring the surrender of a firearm by your estate upon your death, etc. involves the "takings" clause of the Fifth Amendment to the Constitution. Should these proposals become "law", then the value of these items becomes effectively zero, since they cannot be legally marketed. Effectively, the government has "taken" private property for public use without just compensation. Any law that does so, as the precedent established in Marbury v. Madison, becomes "repugnant to the Constitution" and is thus null and void.

    This tactic may actually be a better avenue of attack against a proposed "Assault Weapons Ban" than trying a defense under the Second Amendment.
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